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Wed Apr 23 01:45:20 BST 2008

It doesn´t amaze me that a lawyer or two would be willing to pursue a lawsuit, what amazes me is the fact that while you are trying to evaluate a patient for his own benefit, you are at risk of getting hit, insulted and even sued.
José Mayagoitia M.D. FACS
Hospital General de Mexicali, México

De : "Ronald Gross" Rgross at harthosp.org
Para : "CCML" ccm-l at ccm-l.org
Copia : "Trauma &amp; Critical Care mailing list" trauma-list at trauma.org
Fecha : Tue, 22 Apr 2008 12:02:27 -0400
Asunto : Re: Rectal Exam Lawsuit DENIED

> What amazes me is that there was a lawyer that actually took this case.
> 
> >>> "Andrew J Bowman" 4/22/2008 11:21 AM >>>
> Man loses lawsuit over rectal exam
> Tuesday, April 22, 2008 | 6:23 AM
> 
> NEW YORK -- A hospital did nothing wrong when it tried to examine the rectum 
> of a construction worker who had been hit on the head by a falling wooden 
> beam, a jury found Monday.
> 
> After deliberating for about an hour, a state Supreme Court jury awarded 
> nothing to Brian Persaud, who sued NewYork-Presbyterian Hospital for 
> unspecified damages. The panel found the hospital and its emergency room 
> medical staff were not liable.
> 
> Persaud's lawyers, Gerard Marrone and Gary DeFilippo, said he might appeal.
> 
> "We're very disappointed," Marrone said after the two-week trial. "It's a 
> miscarriage of justice."
> 
> The hospital's lawyer, Jeffrey Lawton, declined comment.
> 
> Marrone said Persaud, 38, was injured while working at a construction site 
> in midtown Manhattan on May 20, 2003. Persaud received eight stitches for a 
> cut over his eyebrow at the hospital, but denied emergency room staffers' 
> request to examine his rectum, the lawyer said. He said doctors told Persaud 
> the exam could help determine whether the accident caused spinal damage.
> 
> When Persaud resisted, staffers held him down while he begged, "Please don't 
> do that," Marrone said. Persaud hit a doctor while flailing around, so the 
> staffers gave him a powerful sedative and performed the rectal exam, he 
> said.
> 
> Hospital witnesses testified at trial that the exam was never completed, but 
> Marrone said that when Persaud woke up he was handcuffed to a bed and had an 
> oxygen tube down his throat and lubricant in his rectum.
> 
> "He resisted because he didn't know what they were doing," DeFilippo said. 
> "Once he said he didn't want the rectal exam, everything should have 
> stopped."
> 
> DeFilippo said he believes the rectal exam was done as retaliation because 
> his panicked client hit the doctor.
> 
> A judge dismissed a misdemeanor assault charge that was filed against 
> Persaud because he hit the doctor.
> 
> DeFilippo said his client is unemployed and has been unable to hold a job 
> since the accident.
> 
> 

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